Healy v. McQuaid

Although the defendant's motion seeks only the recall of the outstanding execution, it was apparently designed to accomplish the purpose of a motion to strike off the default and arrest the judgment entered herein, and seems to have been so treated in the Superior Court. We, accordingly, consider it upon that basis.

Neither of the so-called grounds for the motion suggests a valid reason why it should be granted. No recognizable rule of law is invoked by the assertion that “the bond in question was a penal bond and, as such, not enforceable by a civil suit.” The context indicates that by the…